HARRY HUGHES, Governor

803

reference to action for failure to "meet the
requirements that the Secretary adopts under this
subtitle" is substituted for the reference to
"any rules or regulations regularly adopted by
the Secretary", which was overly broad in light
of the authority of the Secretary throughout this
and other articles and unnecessary in light of
the broad authority under this subtitle.

The former specific reference to compliance with
the "standards or qualifications" is deleted as
unnecessary since they are set by rule or
regulation under §§ 17-202 and 17-203 of this
subtitle.

As to inspections generally, see § 17-202 of this
subtitle.

Defined terms: "Medical laboratory" § 17-201
"Permit" § 17-201 "Secretary" § 1-101

17-212. PROFICIENCY TEST FOR EXEMPTED PHYSICIANS.

(A)  PROFICIENCY REQUIRED.

A PHYSICIAN WHO IS EXEMPTED FROM THE PERMIT
REQUIREMENTS OF THIS SUBTITLE SHALL DEMONSTRATE SATISFACTORY
PERFORMANCE IN A PROFICIENCY TESTING PROGRAM IN APPLICABLE
LABORATORY PROCEDURES BEFORE THE PHYSICIAN PERFORMS ANY
MEDICAL LABORATORY PROCEDURE.

(B)  PROFICIENCY TEST.

(1)  THE DEPARTMENT SHALL ESTABLISH THE STANDARDS
FOR DEMONSTRATING SATISFACTORY PERFORMANCE IN THE
PROFICIENCY TESTING PROGRAM.

(2)  THE DEPARTMENT OR AN ORGANIZATION APPROVED
BY THE SECRETARY SHALL CONDUCT THE PROFICIENCY TESTING
PROGRAM.

(C) FEE.

A PHYSICIAN SHALL PAY TO THE DEPARTMENT THE TEST FEE
SET BY THE SECRETARY.

(D) FAILURE BY PHYSICIAN.

IF A PHYSICIAN FAILS TO DEMONSTRATE SATISFACTORY
PERFORMANCE IN A PROFICIENCY TESTING PROGRAM, THE DEPARTMENT
SHALL NOTIFY THE COMMISSION ON MEDICAL DISCIPLINE OF
MARYLAND.

REVISOR'S NOTE: Subsections (a), (b), and (d) of this
section formerly appeared as the tenth, eleventh,